District 150 may have violated the Illinois Open Meetings Act when they held their erroneously-titled “meet and greet” (it was more like a “talk and walk” or “read it and beat it”) this past Tuesday.
There’s a two-part test in the Open Meetings Act to determine when a gathering of board members becomes a “meeting” for purposes of the Act. First, there has to be a majority of a quorum. In District 150’s case, that would be three board members. Four board members were in attendance at the gathering in question: Debbie Wolfmeyer, Laura Petelle, Linda Butler, and Martha Ross. That constitutes not only a majority of a quorum, but a majority of the seven-member Board of Education. Second, the gathering has to be “held for the purpose of discussing public business.” It’s on this point that opinions vary.
District 150 officials, Billy Dennis of the Peoria Pundit, and many commenters on my blog insist that this gathering was not for the purpose of discussing public business. The superintendent candidate read a statement and the board members took questions from the press, but they didn’t discuss public business with each other — thus, no violation. Billy Dennis’ recent post indicates that the Attorney General’s office may be siding with District 150 on this matter. He quotes an e-mail he received from district spokesperson Stacey Shangraw where she says:
While we did not believe we were in violation of the Open Meetings Act, a few concerns were raised from external parties regarding our compliance of the OMA at our media event where we introduced Dr. Lathan. To ensure that our interpretation of the Act was accurate, I followed up with the Public Access Counselor.
This is the response I received today from Sarah Kaplan, a law clerk at the AG’s Chicago office, who told me she conferred with Lola Dada-Olley, an attorney in the AG’s Chicago office.
“After reviewing the information you provided us, it does not sound like the press conference (or future press conferences of this nature) violated the OMA….”
The key phrase here is: “After reviewing the information you provided us.” Of course, we don’t know what information was provided. Furthermore, we don’t know much about who’s giving the opinion. Lola Dada-Olley has been with the Attorney General’s office a little over a month, having started in January of this year according to LinkedIn. Can’t find anything on Sarah Kaplan the law clerk. However, the Public Access Counselor for Illinois is Cara Smith, and she’s in Springfield, not Chicago.
Peoria County State’s Attorney Kevin Lyons thinks they did, in fact, violate the Open Meetings Act, according to the Journal Star:
“Violations of this act always involve quirky levels, and this one is no different,” Lyons said in an e-mail response, “. . . the meeting was clearly a public meeting with notification deficits and exclusion problems. The members present were in noncompliance of the act and the (State’s Attorney’s Office) could sanction, charge, or otherwise seek any level of ‘penalty’ or remedy available.” […]
“Even a casual gathering, such as a dinner party or coincidental meeting on the sidewalk, becomes a public meeting if a majority of a quorum of a public body (or a committee, etc. thereof) is present, and discussion occurs regarding business that is before, or is likely to come before, that public body,” Lyons said….
“A public body, no matter how well-intentioned, may not hold a public meeting and define for itself who may and may not attend the meeting. Public means everyone unless they, for cause, have been ejected or barred (disruption, etc.). Posting and distribution of notices for all public meetings are set out in the act and may not be narrowed by the public body.”
Lyons wasn’t relying on information he received from District 150 in writing his opinion, and he apparently thinks what was talked about during the gathering constituted a “discussion” of public business for purposes of the Act.
But whether or not you think they violated the Act, the big question is: Does it matter in this case? After all, the press was there, and nothing was done in secret, so isn’t this much ado about nothing?
And the answer is “yes and no.” If District 150 had built up trust and credibility with the public over a number of years, I’m sure everyone would give them the benefit of the doubt and just say it was an honest mistake. But District 150 hasn’t done that. It wasn’t that long ago that District 150 agreed in closed session to purchase properties on Prospect Road adjacent to Glen Oak Park, and then actually bought the properties, all in clear violation of the Open Meetings Act. They never apologized or admitted any fault. They subsequently approved the purchases in open session, something lawyers call post-action ratification. That did tremendous damage to the public’s trust. Since then, controversial votes based on questionable information (e.g., shortening school days supposedly to improve classroom instruction, closing Woodruff supposedly to save $2.7 million) have further eroded the board’s credibility. So when an apparent violation of the Open Meetings Act occurs now, even if it’s a little thing, it’s a big deal.
The public has every right to suspect that this latest gathering violated the Open Meetings Act, and that the violation was because of either (a) ignorance or (b) wanton disregard. The public wonders, “if they’ll abuse the Act in a little thing like this, what’s to stop them from abusing it in big things when nobody’s looking?”
CJ – You forgot to mention where they fired a perfectly competant prinicipal, only to drag the District into multi-million dollar litigation and then go on to replace her with an individual who subsequently downloaded porn throughout the business day.
How about the Friday afternoon and all weekend when the D150 server went down moments after posting the agenda to fire a principal, yet the only people that KNEW what was going on that Monday night were a handful of parents from the Lindbergh PTO (MD’s posse)? Somethings just don’t pass the “smell test” and this latest fiasco falls into the same category. We evidently have a bunch of ignorant boobs running the district (administration), with another bunch of ignorant ELECTED boobs following along. No other surrounding community has the problems with its school district like Peoria. NO ONE.
So is the server down again this weekend since the agenda for Monday’s meeting isn’t available? If that is the case, maybe they should take the agenda to one of their media “partners” for publication.
No other surrounding community has the problems District 150 has right? Name one problem other surrounding school districts have related to Peoria. Money? Pekin 303 is flush with cash, so flush, they don’t even charge book fees to their students. Kevin Lyon’s isn’t always right too. D150 has had server problems ever since John retired because the people now don’t know how to run a server system and D150s needs an upgrade. There was no conspiracy there to block info. Also, how can any company control the people they hire? I mean you hire someone qualified and he comes in 6 months later and starts shooting. Company’s fault? Or he starts to download porn. Company’s fault? Again that depends.
The reason District 150 has no trust on the blogs is because most commenter’s fall right into the line and give them none like the tea party cult. If D150 violated any laws buying properties then where was Mr. Lyons? Or the AG? What’s wrong with buying properties? People and businesses have made tons of money buying and selling properties. I liked the idea of a school on the edge of the park but many on the blogs voiced a concern about traffic on Prospect. (among other issues) The new GO School sits even closer to Prospect than the old one did.
I do disagree with the hiring of this new super at $250K and then hiring a mentor to teach her the job. That does sound idiotic.
Well Em, have YOU seen any PJStar articles regarding school district problems the magnitude of D150. Hiring perverts, firing to cover up crimes, nepotism at its finest, violating the OMA, hiring underqualified people (over and over), this is all said without even touching the ramshod way this district spends taxpayer’s money. If you read the news, please tell us all, name any surrounding district(s) that have the continual problems that D150 has. FYI: yes it is the district’s fault if an employee breaks the law. District 150 has quite a history of not checking references for their newly employed.
Dave Haney must not have gotten the memo about them being a partner of the District. Dave I predict your invitation to the next psuedo-press conference will be lost in the mail hahaha.
What’s wrong with buying properties by Glen Oak Park to build a school? The taxpayers were not involved in the decision making process, that’s what is wrong. Hinton decided that was what he wanted so he thought it should be granted and the BOARD went right along with it. This became a pattern of idiotic decisions by this BOARD. The BOARD didn’t get they were the boss of Hinton and could stop him and his stupid ideas and activities. King Hinton never got that he needed to involve people in decision making and build consensus before he made important decisions. The BOARD was afraid of Hinton. His fear and intimidation tactics worked on them.
Now the BOARD is thinking about a mentor for the new superintendent? Oh, we are in trouble. The people in this city made it CLEAR they wanted a sup with experience, again the BOARD did not listen.
strong 1: maybe the board DID try to listen, but no one of the caliber Peoria needs would apply….sometimes when you are looking at the bottom of the barrel, you just go; 1 potato, 2 potato, 3 potato 4…..we pick YOU…so it goes. Someone wake me up when this nightmare (D150) is over.
Under what circumstances can D150 BOE members be removed? Do the dots connecting these “mistakes” (OMA, Davis/McArdle, reverse discrimination) lead directly to bad D150 legal advice, or just a general, overall, lack of respect for others’ rights?
“Wanton disrespect”, seems a remarkably accurate description. Removal is a legitimate goal that really needs to be persued.
Do we start with a phone call to ISBE and ask them? I think I will visit their site to see if there is any info about how to remove the board.
If D150 had read the writing on the wall last April 27th (had it been available to them), they could have avoided the Davis/McArdle debacle altogether. Again, the board was not given (claims they weren’t) the information that Hinton had. Think about all the money in legal fees they would have saved, had they just read the letter that McArdle’s attorney sent to them. The threat of legal action evidently holds very little water with D150, now they are up to their eyeballs in defending cover-ups and criminal activity. If they had been the least bit savvy, they would have kept her on for one more year, then quietly let her contract run out. Actually, they did her a huge favor, but in turn, Julie McArdle did the taxpayers of Peoria a favor by rooting out the illegal and unethical behavior of MANY D150 employees. CHEERS, Julie!
“no one of the caliber Peoria needs would apply”
This is very funny! Thank you for the grin.
Wouldn’t the logical solution be to keep the position open and try something different?
I can’t believe the intellectual vacuum that exists in public policy making circles… it must very hard to breathe there.
Jim? Do you take an inhaler to School Board meetings?
Just another example of how this board NEVER questioned Hinton. Now they want to hire a superintendent that needs a mentor. If it wasn’t for the children this could make a great comedy on reality TV.
I say go after them about the OMA, enough of them and their ignorant mistakes and their ARROGANCE.
The penchant of this board to forget that they are the boss worries me. Before the new superintendent begins, I would hope the board would make it very clear what they want–what is their vision? Do I have it wrong–shouldn’t the super carry out their vision or is it vice versa? Of course, there is a problem, the board doesn’t have a clear-cut vision. They know what they want–improved academic achievement, but they do not have a vision as to what to do to get there; therefore, they purchase every expensive program that promises a miracle cure. Of course, I want the board to decide exactly what their vision is regarding the improvement of student behavior–and to have a clear-cut plan as to how to achieve that goal. An alternative school about which they talk on occasion is one important component of the vision. It’s too late now to plan a viable alternative school–it should have been in place before Woodruff students move to the other high school. For all I hear, I fear that the new superintendent will carry on with the current philosophy–that suspensions and expulsions aren’t the answer. They might not be–but no one is thinking of another answer.
LMAO, Go ahead have the entire board removed. I;m sure you can find out how on their web site. Then, which one of you great commenters is going to take their place?
What happened to the strategic plan? Weren’t we paying Tom Simpson five or six hundred dollars a day to work on that? What a waste of money to have him brown nose Hinton.
strong1 or any other anon poster, call me and lets have a conversation. Scared? Intimidated? All b*tchin and no solutions.
Nice objective article by Haney, by the way. Does he work for 150, as he was subjectively making arguments for them? Goes with the “successful” charter school example articles in the days before the vote, along with an ad from the Initiative on the same page. Unreal.
I have called you.
One thing I need to point out to Jim and anyone else who cares, some of us have to use anonymous names due to being affiliated with district 150 or other agencies etc. We lived through the wrath of Ken Hinton and learned to keep our opinions and thoughts to ourselves or there would be consequences and they weren’t positive ones.
The board members did not see Hinton’s wrath and how he got his revenge with people. Did he ever tell you how he yelled at people? He would yell at meetings and intimidate people then say “does anyone have any questions”? Do you think for one second anyone raised their hand to ask questions? NO.
Hey Jim since you seem to be the smart one on the board why are you folks hiring someone who cannot hit the ground running and needs a mentor. Is she not capable of doing the job.
jim stowell
February 20th, 2010 at 11:51 am
strong1 or any other anon poster, call me and lets have a conversation. Scared? Intimidated? All b*tchin and no solutions.
Wow… pistols or brickbats? (I don’t even know what a brickbat is, but I think it hurts if you get hit by it)
Jim… why did you run for the school board? Do you remember? Did it have anything to do with making our schools more effective in educating our children? How’s that ‘more effective thingy’ working out for ya?
Even Richwoods is failing AYP, now… How many teachers and administrators have “left their positions” in the past 2 or 3 years? We don’t even remember most of them… pornography, abuse, alcohol, stealing, Did any “lose their position” because they were incompetent? Was any actually fired or were they all allowed to resign?
I’m not anonymous anymore because i want to get fired for my views… I need a good legal settlement.
Jim, Laura, and the gang are busy rearranging the deck chairs. Martha and Debbie are instructing the band to keep playing!
Seriously, hiring a mentor? Are you people insane? I have never heard of such a thing. If you need a mentor, you are obviously not qualified. Can you imagine if this happened with a fortune500 type company and their CEO? The investors would demand heads. A CEO and a mentor. Where do I apply? I am willing to do the job for 75,000 a year and then you can hire a mentor at around 100k a year. Saving money!
Jim, I just watched part of Jerry’s video that you sent me–the 7-year-old wanted to finish watching his wrestling video (throwing chairs, etc.). 🙂 I’m sure this sort of thing could be done in all 150 schools. I do believe that all the schools should adopt the Edison component about teaching values (though not original). I think all of us, at one time or another, have created lessons around honesty, kindness, etc.,–certainly, the teaching of literature lends itself to teaching values, etc. What grade is Jerry teaching (or is he teaching)? It sounded as though he were teaching middle school–does he like that better than high school? Jim, is it possible to work on dropping the sarcasm so that we can have productive dialogue? (I am sure that I am guilty, also–but I do acknowledge that criticism is not the same as sarcasm. I trust that you do understand why some people do have to write anonymously–not all have the freedom that comes from being retired.
The sarcasm can be entertaining 🙂
http://www.hulu.com/watch/2306/saturday-night-live-point-counterpoint-lee-marvin-and-michelle-triola
Hey Jim S: How about doing some investigating on Mary Ward, T. Kennedy, and T. Broms on the M.D. case? Get the truth and then tell me how you feel.
Great comedy? That is the one thing Peoria thrives on. Board members knowing what administration and the “in” group know? Only if you ask repeatedly and then not get the “whole” truth. Or we don’t know how to correctly ask the question to get the “truth”.
Peoria County fired their apparently prvious competent Facility Manager a couple of weeks ago. I’m one of five on the Facility Committee. Three of us, maybe more, heard about it third hand this week.
Generally, there is a snmall group that makes the major decisions and rest follow “herd” instinct. By the way, aren’t the seven unpaid volunteers on the school board in charge of an $150 million budget? Weren’t they involved along with some local major employers in hiring Royster and others who continue top make #150 a perfect candidate for a TV Comedy show?
And, is the very old slogan of, “Will it Play in Peoria”, probably not?
Does the JSEB make any comment (other than “now the the Museum is funded we can get on with building it” when it should be common knowledge that the promised $5-11-14, pick a number; Endowmenmt Fund has less than $2 million accumulated after all these years and that of the $13+ million in cash raised from all sources has dwindled to $1 million+?
And that the lobbyists the city hired back in Dave Ransburgs term, susposedly brought in 100’s of millions in new business? (Ransburg compared Peoria to Sandy, Utah, (look at a map and see the strategic location of Sandy) whose deputy mayor said “if Peoria hires a lobbyst it should expect a 1000 per cent return on its investment.” Sure, new businesses came to town but our politicians and “movers and shakers” take the credit. But a thousand per cent? Where are these new taxspaying entitities? Globe Energy, who promised 600 new jobs in Peoria, but hasn’t made a payment or paid interest on their loan from Peoria County since Oct. 1, 2008. And what’s going on at FireFly who kicked off their startup business in 2003? But when established businesses move out of Peoria City and County, no lobbyist or M & S’s step up to take the credit. After all, this City/County grew a “tremendous” 2000 residents in the past 10 years among all the hype about how great a place Peoria is for businesses, jobs, retirement, recreation, healthy living, etc. Question? If all these things are true, why are our public tax-collecting entities in conditions rated from fair, to sad to sorrowful, condition?
If more of the public was told the TRUTH, we might all step in and do a better job to help out. Many of us are just disappointed, especially in #150. Too many willing workers can’t find a living wage job. This community appears to have made major efforts but has had little success in creating new long-term jobs and attract new businesses.
Leadership problems, too many big egos, or trouble determing where Peoria fits in the grand scheme?
Oh, sure, we put in all this effort to help publicly fund new schools, zoos, grocery stores, yes, plural, museums, recreation centers, Gateway Center, One Technology Plaza, In-Play, River Station, etc., but once these good paying temporary construction jobs are gone, what living wage jobs are left? Teachers and union employees on tenure and zoo, museum, and recreation center managers? Most other living wage jobs were on hand 10 years ago. Not counting Caterpillar, a company who has shrunk local employment drastically not only in their company but their suppliers as well.
With results like these, no wonder there is so little transparency. But a bull jumping into a house made “headline” JS news. Too bad a picture wasn’t taken of the jumping bull. We could surely then be on a comedy show.
Comedy in Peoria? It can only get better depending on ones definition of “better”.
If Jim gets his way and the charter high school is somehow encorporated into Peoria High – how will that work exactly? Will additional building/adaptations need to be made to accomodate the 300 kid increase in enrollment at the Peoria High campus or will 300 kids from Central be shuffled to yet another school?
So much of the complaing about this closed meeting isn’t really about the alleged violation of the OMA. It’s just an opportunity to focus on complaints, bith real and imagined. I’ll stop trying to provide rational perspective to all this, ’cause ain’t nobody bothering to listen. There’s blood in the water.
To those who point to this as evidence the new superintendent is another Kay Royster: Your racism and sexism are showing. Latham had nothing to do with setting up this meeting. Five bucks saysthe biggest critics are those most afraid of losing their jobs under new management.
I agree with the fact that many semi-administrators should be quaking in their boots. No doubt Dr. Lathan will come in and ask everyone of them for a complete job description and who their evaluator is. Way too many semi-administrators on Wisconsin ave. right now. Not necessary. No money. This district does not need to pay people to go around the district and show them what areas their students need improvement in. WE ALREADY KNOW, but no one will give us the time to TEACH. It’s either test or SIP day. Give us a break and let us do what we were trained to do, TEACH. With all the pink slips going out in the next couple of weeks, I urge this board to put all the semi-administrators back in the classrooms because many have lost touch with education. Off the top of my head I can think of 6 people on Wisconsin Ave. that either need to go back to a classroom or go elsewhere. Elsewhere would be FINE. This district is in no position, financially or staffwise to put people where they are needed MOST…..in the schools, teaching. Thank you for my allotted time on the soapbox…
Amen, Billy. This blog has begun to remind me of politics in general lately. First, you determine your position, then you seek only the information that confirms it or twist otherwise neutral information to fit your position. Obama says “57 states” — just confirmation that he is a secret Muslim. This is just the local version. Shangraw asks the Public Access Counselor and CJ automatically assumes she leaves out pertinent information.
I don’t disagree that D150 has made a mess of things and is not worthy of unverified trust. But come on, people. Shall we now hang them, or tar them, or ride them out on a rail. Petelle, too, mind you. The darling of this crowd was in that room and thereby complicit.
This would be funny if it were not so sad. Isn’t there enough to legitimately criticize without finding bogeymen under the bed, too?
Not a D150 member but I will tell you that more than 3 board members in a room together is a quarum. Remember, the people on this board know each other simply through being elected member of the same board. Therefore, anything you would talk to each other about would most likely be related to district “stuff”. My BoE is very cautious to make sure that no imppropriety takes place. This board obviously does not coomunicate well. Martha Ross has commented on that issue many times during board meetings, feeling like she is the last to know and then being admonished by Hinton because SHE didn’t call HIM and ask. The President’s job is to bring forth a cohesive group…..this is NOT happening. Wolfmeyer is in way over her head. She should relinquish her position to Martha Ross. This would not have happened had Martha been in charge. She is a highly organized, rule follower. That is why I like her so much.
The real problem is that District 150 needs better legal advice. I don’t know whether the problem lies in BOE members not asking for the advice or if their lawyer is lax in giving the advice. Certainly, something as simple as OMA rules are clear-cut enough that this whole incident should not have occurred.
School board member – you are wrong about Martha Ross. She would do no better or worse than Wolfmeyer. Probably nice people personally but both sorely under-qualified, along with most of the others. Pair that with deficient legal council and you’ve got what we’ve got – a disaster at nearly every level.
School board members should be compensated a fair wage and/or appointed. Hopefully the new super coming in can turn the ship around but given recent events that looks unlikely. At this point our best hope is for an act of divine intervention. On the count of ten start praying.
Nyet: I can assure you that Martha know protocol inside and out. Have been to many school board conventions with her. She is always taking notes and is always intensely involved in discussion. Compared to Wolfmeyer’s “minimal” experience, Martha is a breath of fresh air and seriously needed. Martha would make sure new legal counsel is in place with the new superintendent. Walvoord needs to go out to pasture……mooo!
Billy says:
You’re half right, Billy. Much of the complaint about this closed meeting isn’t about this one isolated incident, true. But it’s not “just an opportunity to focus on complaints.” Rather, it’s the cumulative effect of many poor decisions on District 150’s part.
Think of it like this: If you get caught speeding on the highway once, you might get a warning. But the more you speed, and the more you get caught, the harsher the penalties become. If it happens often enough, you could lose your license. Now that last time you were caught speeding wasn’t any worse than the first time, but the cumulative effect of all your tickets results in your license being suspended. It will do you no good to go to the judge and say, “but I was only going five miles over the speed limit this last time! It’s such a little offense — what’s the big deal?” It wouldn’t be a big deal if you had only done it once, but because you’ve done it so many times… you get the idea?
Sud says:
I did? Where? Oh, wait, I get it — you determined your position first, then twisted otherwise neutral information to fit your position. You were giving us an example of how it works! Clever!
Well, CJ, here is what you said in your post:
“The key phrase here is: “After reviewing the information you provided us.” Of course, we don’t know what information was provided.”
You are right, you didn’t directly say that D150 left out pertinent information. But that sentence sure sounded like you hinting at it. I think you are the clever one.
Sud: Yes, that’s what I said, and I believe it’s a fair observation. Omission isn’t the only way to bias a communication. Think of it this way — if a judge only heard the defense, but not the prosecution, and then made a ruling, would you consider it a fair verdict? It might be the right verdict, but because of the process, it’s suspect, isn’t it?
I didn’t say it wasn’t a fair observation in general, but given the overall tone of your post, it sounded like an accusation. Further, you presume in your last comment (and, frankly, in the post itself) that the District is providing biased information. You don’t know that. But the tone of so many of you has become this: “If District 150 is involved, it must necessarily be bad/wrong/evil/corrupt/incompetent.”
IMO, C.J. you are right on. sud o nym, IMO is stretching it a bit.
Sud: For myself, the tone I mean to convey is, “If District 150 is involved, do not trust; always verify.” Years of experience with District 150 has taught me to respond this way. It’s regrettable, and I wish it weren’t that way. But, alas, it’s the reality District 150 has created for itself.
C.J.’s criticisms aren’t biased–just informed and/or cautious. Did 150 send the tape of the event to the Attorney General’s office? If not, until we see the 150 version of events, we have every reason to question what is meant by “the information you provided.” That statement from the AG office sounds as though their spokesperson(s) also question whether or not they received the whole story.
It is unfortunate that this board has so little credibility that their every action must be examined through the lens of suspicion. I do agree with CJ that they have brought it on themselves through their past actions.
There was no violation of the Open Meetings Act, as the State AG has already ruled in its opinion. Focusing on the AG’s standard qualifying language does not change the effect of the act. The board members were not discussing public business, just attending a press conference. It would seem to be the Peoria State’s Attorney who needs better legal advice. Much ado about nothing, unless you want to use it to point out Lyons’ general incompetence and tendency towards speaking incautiously.
The only problem was the constitutional violation in throwing Billy Dennis out. To me, that is the issue worth our attention, since it directly affects the access of everyone here. I would be more interested in the district’s follow up on the press access issue than cluttering the blogosphere with discussion of a nonissue. Perhaps we could obtain a copy of the new press access policy when it is created?
Jack
Jack, nobody “ruled.” The AG office contacted by 150 was just offering an opinion based on information provided–which may or may not have been complete. The AG was very careful not to provide a definitive ruling.